Hoa Legal Fee Responsibility

Summary

If an HOA incurs legal fees due to a homeowners noncompliance, the homeowner may be responsible for these fees under the Virginia Property Owners Association Act. This includes attorney fees, typically outlined in the HOA agreement. If not explicitly mentioned, you may dispute the charges. Consult a real estate attorney for guidance based on your specific agreement details.

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I was behind on payments to my HOA and they appointed an attorney to collect the missed payments and they are not also requiring us to pay the attorney fees as well. Why would we pay the attorney fees when we did not appoint the attorney?
Hello Angelica,
In many jurisdictions:
- HOA agreements may require homeowners to bear legal costs if the HOA has to take action for payment defaults.
- Legal costs can include attorney fees.
Can you tell me your location to provide specific information?
Chesapeake, *. River Breeze Condominiums.
Hello Angelica, in Virginia:
- Under Virginia Property Owners' Association Act, if an HOA incurs legal fees related to a homeowner's noncompliance, the owner may be responsible.
- This includes attorney fees.
Please review your HOA agreement for specific terms.
So this would be in my HOA by laws that have been signed?
Yes, Angelica. The provision regarding the payment of attorney fees in case of noncompliance would be typically included in your signed HOA bylaws or agreement. It's recommended to review the document thoroughly.
If it is not in the HOA by laws that have been signed, would I still be required to pay? What action should I take then?
Hello Angelica, in Virginia:
- If the attorney's fees aren't explicitly mentioned in your signed HOA agreement, you may potentially dispute these charges.
- Consult with a real estate attorney for guidance based on your specific agreement details.
Is there a Virginia law that states this or no?
Hello Angelica, in Virginia:
- The Virginia Property Owners' Association Act does state that an owner may be held responsible for legal fees incurred due to noncompliance.
- However, specifics are often outlined in the HOA agreement. Please consult a local attorney for personalized advice.
I will look through HOA agreement. Thank you!
You're welcome, Angelica! If you have more questions or need further assistance, feel free to ask. Good luck with your review of the HOA agreement.